Crime CC-Theft VIII

With regards to Section 4 and Section 5 of the Theft Act 1968, property belonging to another not only includes property that is above the land or on the surface but also anything that is found beneath the land or below the surface.

In Elwes v Brigg Gas Company (1886) a tenant on a property discovered an ancient boat of some value some 6 feet below the ground and sought to make it his. The owner brought an action in court and it was held that the boat belonged to the owner i.e. the owner of the land had proprietorship of the boat and not the lessee.

Copyright © 2018 by Dyarne Jessica Ward

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